Patna High Court
Utkarsh Kumar @ UtkarshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner with conditions.
Summary
The petitioner, Utkarsh Kumar, was arrested on suspicion of attempting robbery and charged under several non‑bailable provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. He contended that the non‑bailable sections were added to aggravate the case, that the search and seizure of a pistol was not conducted before an independent witness, and that no injury resulted from the alleged firing. He also highlighted that a co‑accused in the same incident had been granted bail. The State opposed the bail application. Considering the ten‑month custodial period, the lack of injury, the procedural concerns, and the precedent of bail to a similarly situated co‑accused, the Court ordered that the petitioner be released on bail subject to a bond of Rs. 10,000 with two sureties and specific conditions regarding court attendance.
Issues considered
- Whether bail should be granted to the petitioner despite the non‑bailable charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the addition of non‑bailable sections and the manner of seizure of the firearm violate procedural safeguards warranting bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 317(4), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- non‑bailable offences
- robbery
- arms possession
- procedural fairness
- court attendance conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74502 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- Arwal District- Arwal
======================================================
Utkarsh Kumar @ Utkarsh S/o Rajiv Ranjan Choudhary R/o Village-
Keshopur Bakri, P.S.- Udwantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 109, 317(4), 338, 336(3),
340(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 25 (1-B)(a), 26 and 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
said to have apprehended by the police while attempting to
commit robbery.
4. It is submitted by learned counsel for the
petitioner that for an occurrence of the same day, two cases were
lodged and in the present F.I.R. non-bailable sections were
added to increase the gravity of the case. It is further submitted
that the search and seizure was not done in presence of any
Patna High Court CR. MISC. No.74502 of 2025(3) dt.12-02-2026
2/3
independent witness and recovery of one pistol from his
possession has been shown by the police only for the purposes
of implicating him. The petitioner was never involved in any
planning to commit loot and although there is an allegation on
him resorting to firing, no injury has been sustained by any
person. Further, the petitioner is languishing in custody since
23.04.2025 and almost similarly situated co-accused, Prince
Kumar alias Bittu has been granted the privilege of bail by a
Bench of this Court vide order dated 10.11.2025 passed in Cr.
Misc. No.65033 of 2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner has now remained in custody for almost ten months
coupled with the fact that almost similarly situated co-accused
has been granted bail by a Bench of this Court, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Arwal P.S. Case No.151 of 2025, subject to the conditions
Patna High Court CR. MISC. No.74502 of 2025(3) dt.12-02-2026
3/3
that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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